132 results
20 Mar 2019 10:44
High Court rules on key contractual issues in Post Office Group LitigationOn 15 March 2019, the High Court handed down its first judgment on substantive issues in the high-profile Post Office Group Litigation [1], as Commercial Dispute Resolution specialists Gwendoline Davies and Nick McQueen explain. The judgment, which stretches to 315 pages, is notable because it more...
28 Feb 2019 09:42
Without Prejudice communications: think before you ink!It is a common misconception that one can simply label a document “without prejudice” and expect that it will not be seen in court. Here, we provide a quick summary of the nature and proper use of without prejudice communications, and the common mistakes that are made when people mark documents, or more...
22 Feb 2019 09:24
Part 36’s self-contained procedural code continues to attract some discretionCosts lawyer specialist Stephen Goodfellow of No5 Barristers’ Chambers highlights a continuing theme of limited discretion in interpreting CPR 36, in recent case law. Although Part 36 is viewed as a ‘highly-prescriptive’ self-contained procedural code, as stated in Gibbons V Manchester CC [2010] more...
22 Feb 2019 09:23
Who's telling? Do Non-Disclosure Agreements have a proper place in settlements?Who’s telling? Do Non-Disclosure Agreements have a proper place in settlements? 21 FEB, 2019 - GENERAL | BY GROSVENOR LAW NDAs in the firing line The news of Sir Philip Green’s use of Non-Disclosure Agreements (NDAs) and the resultant parliamentary discussion has been the subject of considerable more...
20 Feb 2019 16:09
Liability insurers’ exposure to s51 non-party costs orders: Various Claimants v. AIG (Europe) Limited [2019] EWHC 34 (QB)In what circumstances is a liability insurer, standing behind a defendant to litigation, vulnerable to a non-party costs order in the claimant’s favour under section 51 of the Senior Courts Act 1981? In May of 2018, the Court of Appeal considered that question in respect of a standard product more...
19 Feb 2019 12:16
Interim and Default Costs Certificates: how to get them and how to set them asideThis article on Default Costs Certificates and Interim Costs Certificates supplements another article on payments on account of costs . In that article I explained the procedure by which a successful party who is awarded costs in litigation may obtain a payment on account of costs under CPR 44.2(8 more...
15 Feb 2019 10:29
Civil Litigation – ProportionalityIn this month's DEDICATED - The Legal Secretary Journal our course tutor, Seamus Ryan discusses the topic of Proportionality in Civil Litigation. Ever since the concept of proportionality was introduced to legal costs as part of the Woolf reforms in 1999 the courts and legal practitioners have more...
14 Feb 2019 17:04
Employment barrister Matthew Curtis secures permission to appeal against costs order3PB barrister Matthew Curtis, appearing before the President of the EAT, Mr Justice Choudhury, successfully obtained permission to appeal against a costs order made by an employment tribunal after the appeal was initially refused at the sift stage. The President said he was “very grateful” for the more...
14 Feb 2019 09:48
Charles Raffin in successful appeals to the RACB Motor Racing National Court of AppealCharles Raffin with Jamie Horner of 7Legal represented two motor-racing teams from the Blancpain GT Race series in their recent successful appeals to the RACB Motor Racing National Court of Appeal, in Brussels. Charles has a busy sports law practice and has acted for a range of interests from more...
13 Feb 2019 15:58
Permission to Appeal from the Lower and Appeal Courts: One Timeline or Two?McDonald v Rose & Ors [2019] EWCA Civ 4 15 January 2019 When does time start to run for making an application for permission to appeal? Does the answer change, depending on whether the application is made to the lower or appellate court? This was an application for an extension of time for more...
6 Feb 2019 12:30
Regulatory round-up – January 2019The team at Walker Morris have produced their Regulatory round-up for January 2019: Health, Safety and Environmental – January 2019 Data Protection – January 2019 Consumer and Retail Finance – January 2019 more...
6 Feb 2019 12:21
It’s only banter …until someone suesAs the Christmas party season fast approaches and spirited ‘banter’ at work is plenty, the recent case of David Evans v Xactly Corporation Limited (2018) in the Employment Tribunal reminds us that context is king. Mr Evans was employed by Xactly as a Sales Representative, for less than a year, until more...
6 Feb 2019 12:19
Sports stars, politicians and billionaires – diplomatic immunity in the English courtsRecent high-profile news stories about the bankruptcy proceedings against Boris Becker and the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul have brought the status of diplomatic immunity into focus. Bar a highly unlikely political intervention by the Saudi state, the more...
6 Feb 2019 12:18
The dangers of using third party references – a warning to businessesHigh stakes In October 2010 Hassan Barakat, a gentleman with an appetite for high stakes gambling, opened a £800,000 cheque cashing facility with the Playboy Club casino in London (the “Club”). The Club required a credit reference from the player’s bank for twice the amount of credit facility more...
6 Feb 2019 12:17
Minority shareholder litigation: breaking up can be hard to doSigning on the dotted line of the shareholders’ agreement and being part of the “next big thing” is all well and good, but what happens if things go wrong? A frequent occurrence is that, shortly after signing the shareholders’ agreement, the co-shareholders use their majority influence to push the more...
6 Feb 2019 12:14
Worldwide Freezing Orders: disarming a nuclear weaponA “nuclear weapon” Described by the Courts as a litigant’s “nuclear weapon”, Worldwide Freezing Orders or freezing injunctions are extremely powerful remedies that a party can use to prevent their opponent from disposing of or dealing with assets or putting them out of reach of enforcement of a more...
6 Feb 2019 12:12
Aggressive Negotiation or Blackmail?Negotiations can be hard fought, with each party using whatever advantage is at their disposal to obtain the most favourable outcome they can. Such tough negotiation is all well and good as long as the actions of the parties, and the manner in which any “leverage” is used, does not stray over the more...
29 Jan 2019 16:19
Counsel see successful resolution on creditor ruling at Court of AppealRichard Jones QC and Philip Mantle of No5 Barristers’ Chambers have appeared for the successful creditor in the first case before the Court of Appeal to determine the question of from when the limitation period runs in the context of a claim under the Consumer Credit Act 1974. The claim more...
29 Jan 2019 09:53
When is a Defendant Actually ‘Unable’ to Admit or Deny a Pleaded Allegation?SPI North Ltd v Swiss Post International (UK) Ltd & Anor (Rev 1) [2019] EWCA Civ 7 17 January 2019 The Court of Appeal considers whether there is an obligation to make reasonable enquiries of third parties before defendants plead that they are unable to admit or deny an allegation under Rule 16 of more...
22 Jan 2019 16:08
Part 36 offers: should I make a Part 36 or a different type of settlement offer? Practical Tips from 4 New SquareHannah Daly and Stephen Innes of 4 New Square consider the pros and cons of different types of settlement offers, following a decision on claimants’ Part 36 offers in JLE v Warrington & Halton Hospitals NHS. We are often asked by professional and lay clients to advise on making settlement offers. more...
Showing 41 - 60 of 132